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Gorsuch Once Sided With A Student Arrested For Making Fake Burps. His Dissent Was Epic.

A Student Was Arrested For Fake Burp Sounds ... And Gorsuch Sided With Him

WASHINGTON — President Trump’s first U.S. Supreme Court nominee, federal appeals court judge Neil Gorsuch, has received high marks from conservatives and now is being applauded for demonstrating common sense in a 2016 ruling.

Gorsuch was the lone dissenter in a case that dealt with a 13-year-old boy who was arrested at a New Mexico school for making fake burb noises. Although two justices on the 10th Circuit ruled that the school was within its rights to do what it did, Gorsuch dissented and said the arrest never should have been made.

According to the court’s decision, the teacher reported that the student had “generated several fake burps, which made the other students laugh and hampered class proceedings.” She put him in the hallways, but he then “leaned into the classroom entranceway and continued to burp and laugh,” according to the teacher.

The teacher contacted a school police officer, who arrested the boy on interfering with the educational process.

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The mother sued, arguing the police officer had used excessive force and had made an unlawful arrest. Gorsuch sided with the mom.

“If a seventh grader starts trading fake burps for laughs in gym class, what’s a teacher to do?” he asked in his dissent. “Order extra laps? Detention? A trip to the principal’s office? Maybe. But then again, maybe that’s too old school. Maybe today you call a police officer. And maybe today the officer decides that, instead of just escorting the now compliant thirteen year old to the principal’s office, an arrest would be a better idea. So out come the handcuffs and off goes the child to juvenile detention. My colleagues suggest the law permits exactly this option and they offer ninety-four pages explaining why they think that’s so. Respectfully, I remain unpersuaded.”

Other courts, Gorsuch wrote, also ruled that it takes more than childish antics to spark an arrest.

“The simple fact is the New Mexico Court of Appeals long ago alerted law enforcement that the statutory language on which the officer relied for the arrest in this case does not criminalize ‘noise[s] or diversion[s]’ that merely ‘disturb the peace or good order’ of individual classes. … Instead, the court explained, the law requires ‘a more substantial, more physical invasion’ of the school’s operations — proof that the student more ‘substantially interfered’ with the ‘actual functioning’ of the school. … What’s more, other state courts have interpreted similar statutes similarly. They’ve sustained criminal convictions for students who created substantial disorders across an entire school. But they’ve also refused to hold students criminally liable for classroom antics that ‘momentarily divert[ed] attention from the planned classroom activity” and ‘require[d] some intervention by a school official.’”

The case is A.M. v. Holmes.

What is your reaction to Gorsuch’s dissent? Share your thoughts in the section below:

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7 comments

  1. We need this man on the court.
    .
    The court is missing common sense.

  2. If I’d done that when I was a kid, I would’ve been pulled out of class and paddled [gasp!] in school, then paddled again – harder – by Dad when I got home. Guess what? I wouldn’t have done it again. Ever. I’m in my 60’s now, and my self-esteem and mental attitude have turned out just fine. It’s amazing any of us kids survived such a “harsh” upbringing. At the risk of causing fainting spells by any precious snowflakes or their Mommies, I’ll mention that we never heard of such a thing as a bicycle helmet, either. Horrors!

    • Bravo! Like you, I support wisdom in discipline. In 1973 I stood in a classroom of 4th graders who watched a teacher pull a “switch” off a tree outside, bring it inside, bend a jewelry (thief) over his desk and tar the little thief’s jean clad behind. The thief ignored several requests to come forward and avoid public embarrassment but instead kept the ring he stole off of the sink in his pants. It was a powerful demonstration of the consequences of taking someone else’s property without just compensation.

      His name was Jeff and he had big blue eyes and blond hair. The memory, and the lesson it contained, remains as clear as it was 44 years ago. Today the teacher would be jailed and the thief would sue the school district for a violation of his “rights.”

      Reagan was right: we are only one generation away from losing our freedom.

  3. I’ve been observing, listening, conversing and researching as much as possible during the past 44 of my 62 years. In the mid-80’s, by listening to others who had their ears to the rails & noses to the prevailing winds, had been preparing for years for the days in which we find ourselves enduring today. My father, a Korean war vet, may he RIP, instructed me to pay attention, learn all that I could and speak aloud to all who would listen and warn people of the dark days ahead. By doing so I’ve had on several occasions during the past five years, federal observers on my doorstep for hours at a time. Each one in white federally plated vehicles. Others ask of me,” why don’t be quiet?” Aren’t you afraid?” So continue I must, to speak out to others, to awaken them. I’m not afraid! Jesus walks with me. Some might say that i’ve lost my foil hat. That’s ok! I know better.

    • Walter, what in God’s name does any of that have to do with a child being arrested for making fake burp sounds? It is my opinion that the teacher has no business teaching if said person can’t handle something as trivial as a student making fake burp sounds. Send him to the office or even the library with his books to do his work. No, instead well have the child arrested for bringing about the most dangerous poison of all, laughter. While I do agree there is a time and place for everything, and the child’s actions were not appropriate for class, they were also not in any way grounds for arrest. Generally the public points fingers at the parents, but what are parents supposed to do? As a parent you have no rights, only the children do. You can loose your children for something as simple as raising your voice. Things have simply become out of control. To many hands in the cookie jar. Sorry got a little off topic.

  4. Hats off to our Supremes nominee for a brilliant dissent! The numbNuts in the affirming decision have just established precedent for leftist propaganda pushers, I mean teachers, to punish any conservative student brave enough to disagree with her in the classroom–disruption of the class by noise, er… disagreement with forced propaganda now equals arrest of the child and an introduction to the juvenile injustice system.

    You can’t make this crap up–seeking to turn America to Stalin’s Russia. Thank goodness we have an alpha male in the White House for a change, but he can only do so much without support from our elected representatives.

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